INDICTMENT
(The original indictment with the signature of the grand jury
foreperson is on file under seal with the clerk) as to Khanh Vu (1),
Count 1, Seaside Aquaculture, Inc. (2), Count 1. (yhausmann, ) (Entered:
04/28/2011)

CORRECTED
AT DE #22....... MOTION to Amend, MOTION to Bifurcate, MOTION to Change
Venue, MOTION for Court to Recommend as location of Incarceration,
MOTION for Directed Verdict, MOTION to Discover Criminal Records of
Witnesses, MOTION for Discovery, Unopposed MOTION for Exculpatory
Evidence Favorable to Defendant and Brief in Support by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1
Proposed Order Order on Defendants' Motion for Evidence Favorable to
Defendant and Brief in Support)(Pierson, William) Modified on 5/19/2011
(lsmith, ). (Entered: 05/19/2011)

05/19/2011

17

Unopposed
MOTION to Transfer Case to John David Rainey's court in Victoria, Texas
by Khanh Vu, Seaside Aquaculture, Inc., filed. (Attachments: # 1
Proposed Order Order on Unopposed Motion to Transfer Trial of this Case
to Honorable John David Rainey)(Pierson, William) (Entered: 05/19/2011)

Corrective
Entry as to Khanh Vu, Seaside Aquaculture, Inc. ATTORNEY NOTIFIED CLERK
THAT THIS MOTION WAS ENTERED INCORRECTLY. IT WAS RE-FILED AT DE #22. DE
#16 TERMINATED. 16
MOTION to Amend MOTION to Bifurcate MOTION to Change Venue MOTION for
Court to Recommend as location of Incarceration MOTION for Directed
Verdict MOTION to Discover Criminal Records of Witnesses MOTION for
DiscoveryUnopposed MOTION for Exculpatory Evidence Favorable to Defendant and Brief in Support (lsmith) (Entered: 05/19/2011)

Second
MOTION Second Amended Unopposed Motion to Withdrawal and Substitution
of Counsel by Defendants by Khanh Vu, Seaside Aquaculture, Inc., filed.
(Attachments: # 1
Proposed Order Order Granting Second Amended Unopposed Motionto
Withdrawal and Substitution of Counsel by Defendants)(Pierson, William)
(Entered: 05/25/2011)

05/25/2011

27

ORDER
GRANTING SECOND AMENDED UNOPPOSED MOTION FOR WITHDRAWAL AND
SUBSTITUTION OF COUNSEL BY DEFENDANTS SEASIDE AQUACULTURE, INC. AND
KHANH VU granting 26
Motion as to Seaside Aquaculture, Inc. (2). It is, therefore, ordered
that the withdrawal of Mr. Donald H. Grissom is allowed and that Will W.
Pierson be substituted as counsel for these parties. (Signed by
Magistrate Judge Brian L Owsley.) Parties notified.(bcortez, ) (Entered:
05/26/2011)

ORDER GRANTING DEFENDANT'S MOTION TO REDUCE BOND granting 20
Motion for Bond. Bond set for Seaside Aquaculture, Inc. (2) $50,000.
The bond amount is reduced to $50,000. Seaside Aquaculture is to post
this bond no later than the close of business on June 6, 2011. (Signed
by Magistrate Judge Brian L Owsley.) Parties notified.(bcortez, )
(Entered: 06/01/2011)

ORDER
Regarding Unopposed Motion for Continuance as to Khanh Vu: Pretrial
Conference set for 7/5/2011 at 09:10 AM before Judge John D. Rainey.
Jury Selection to be determined. (Signed by Judge John D. Rainey)
Parties notified. (vrios, ) (Entered: 06/21/2011)

Minute
Entry for proceedings held before Judge John D. Rainey: PRETRIAL
HEARING as to Khanh Vu, Seaside Aquaculture, Inc. held on 7/18/2011. The
parties reached an agreement as to the Subpoena Duces Tecum. Responses
due by 5:00 p.m. on 7/19/11. Defendant's Response to Government's Motion
to Disqualify is due on 7/22/2011. Hearing is scheduled for 7/26/2011
at 01:00 PM in Corpus Christi. Parties are to exchange exhibit lists by
7/28/2011. Appearances: Hugo Ricardo Martinez, William W Pierson,
Christopher Andrew Lowrance.(Court Reporter: Mayra Malone)(Actual Time
in Court: 4:30-5:55), filed.(amireles, ) (Entered: 07/21/2011)

Minute
Entry for proceedings held before Judge John D. Rainey: MOTION HEARING
as to Khanh Vu, Seaside Aquaculture, Inc. held on 7/26/2011 DENYING 47 MOTION to Disqualify Counsel regarding conflict in Multiple Representation
Hugo Ricardo Martinez Motion to Suppress to be heard at a later date.
Government to file response by August 1, 2011. Defense to file reply by
August 3, 2011. Hearing to be set August 5, 2011 if necessary.
Appearances: Hugo Ricardo Martinez, William W Pierson, Christopher
Andrew Lowrance.Deft not present in courtroom.(Court Reporter: Ed
Reed)(Time set 3:00; 3:03 pm to 3:50 pm), filed.(lrivera, ) (Entered:
07/26/2011)

Original Exhibits (2 CD's and Color Photographs) to 51
Motion to Suppress Statement as to Khanh Vu, Seaside Aquaculture, Inc.
received in the Clerk's Office and placed on the fileshelf. (ltesch, )
(Entered: 07/29/2011)

Minute
Entry for proceedings held before Judge John D. Rainey on 8/5/2011 in
Corpus Christi, Texas...MOTION HEARING - DAY 1 as to Khanh Vu, Seaside
Aquaculture, Inc....Oral argument and testimony presented on various
pretrial motions...Counsel will coordinate the time of day for witnesses
to appear for trial...Govt's Motion in Limine 66
to Exclude the Testimony of David Dunseth was DENIED..Govt's Oral
Motion to Strike the "Knowledge" portion of the Indictment was TAKEN
UNDER ADVISEMENT...Defts' Motion to Exclude Testimony 69
of Pepper Trail and Jennifer Johnson will be carried with the
case...Hearing will continue on 8/8/11 at 9:00 a.m. in Victoria,
Texas...Jury selection is scheduled to begin at 1:30 p.m. on
8/8/11...Deft was continued on bond...Witnesses: David Dunseth...
Appearances: Hugo Ricardo Martinez, William W Pierson, Christopher
Andrew Lowrance.(Court Reporter: E. Reed)(Set for 3:00 (3:25 - 6:05)
(jrichards, ) (Entered: 08/08/2011)

Minute
Entry for proceedings held before Judge John D. Rainey on 8/10/11 in
Victoria, Texas...JURY TRIAL - DAY 3, as to Khan Vu and Seaside
Aquaculture, Inc...Defts Motion for Judgment of Acquittal was
DENIED...Defts evidence was presented...There was no rebuttal
evidence...Charge conference was held...Mr. Pierson advised the Court
that the services of the Vietnamese interpreter would not be required
after jury deliberations begin...There were no objections to the
Charge...The Court instructed the jury on the law and closing arguments
were presented...Deliberations began at 2:35 p.m... Verdict returned at
6:00 p.m...Deft, Kanh Vu and Seaside Aquaculture - Guilty as to Ct
1....Jury dismissed....Sentencing hearing is scheduled for 11/7/11 at
11:30 a.m...Deft was allowed to remain on bond... Witnesses: David
Dunseth, Luis Baez, Juan Rosas...Appearances: Hugo Martinez, William
Pierson, Chris Lowrance...(Court Reporter: Ed Reed)(Interpreters: Alice
Huynh, Nanh Vu and Myrna Wallace) (Set for 9:00 (9:00 - 12:00; 1:45 -
2:35)(jrichards) (Entered: 08/11/2011)

ORDER
for Presentence Investigation and Disclosure & Sentencing Dates as
to Khanh Vu (1). PSI Completion due by 9/22/2011; Objection to PSI due
by 10/6/2011; Final PSI due by 10/20/2011; Sentencing set for 11/7/2011
at 11:30 AM before Judge John D. Rainey. (Signed by Judge John D.
Rainey.) Parties notified. (yhausmann, ) (Entered: 08/12/2011)

08/10/2011

83

ORDER
for Presentence Investigation and Disclosure & Sentencing Dates as
to Seaside Aquaculture, Inc. (2). PSI Completion due by 9/22/2011;
Objection to PSI due by 10/6/2011; Final PSI due by 10/20/2011;
Sentencing set for 11/7/2011 at 11:30 AM before Judge John D. Rainey.
(Signed by Judge John D. Rainey.) Parties notified. (yhausmann, )
(Entered: 08/12/2011)

Reply to Response to Objections to PSR (Sealed) by USA as to Khanh Vu, Seaside Aquaculture, Inc., filed. (Entered: 10/27/2011)

11/02/2011

92

NOTICE
OF RESETTING as to Khanh Vu. Sentencing set for 11/8/2011 at 09:30 AM
in 4th Floor Courtroom before Judge John D. Rainey, filed. (ltesch, )
(Entered: 11/02/2011)

11/02/2011

93

NOTICE
OF RESETTING as to Seaside Aquaculture, Inc.. Sentencing set for
11/8/2011 at 09:30 AM in 4th Floor Courtroom before Judge John D.
Rainey, filed. (ltesch, ) (Entered: 11/02/2011)

11/08/2011

Minute
Entry for proceedings held before Judge John D. Rainey... CONTESTED
Sentencing held on 11/8/2011 for Khanh Vu (1) and Seaside Aquaculture,
Inc. (2)... PSI sealed. Objections to PSI addressed. The Court finds
that Restitution is not provided under the law and the parties concur.
Exhibits admitted. Witnesses: David Jansen and Karen Cathey... Count 1:
18 months Probation as to each Deft 1 and 2. Standard conditions apply.
$5,000 Fine imposed as to each Deft 1 and 2... Total $10,000 (to be paid
from the $50,000 Bond previously posted with the Court). $10 Special
Assessment as to Deft 1. $50 Special Assessment as to Deft 2... The
remainder of the Bond posted with the Court ($40,000) will be
transferred to the Texas Parks and Wildlife Foundation to be used as
deemed appropriate by that agency to address environmental issues and to
fund grants to protect migratory birds in South Texas.... Appearances:
Hugo Martinez, William W. Pierson, Christopher Lowrance, US
Probation-V-T.Cruz.(Court Reporter: G. Dye, Interpreter: Fawn Nguyen)
(Time set: 9:30 a.m.; 9:30 - 9:55 a.m., 10:35 - 11:45 a.m.) Admonishment
as to right to appeal. (ltesch, ) (Entered: 11/09/2011)